2020 Pen Pal Program Terms of Use

August 9, 2020 /   /  Uncategorized

If your student would like to participate in the Pen Pal Program, you must accept the following Terms of Use.

TERMS OF USE

A. Acceptance of Terms

Your student’s participation in the Pen Pal Program is at your sole risk. The Terms of Use (‘TOU’) are the only basis upon which the San Gabriel Educational Foundation, (‘SEF’), will randomly pair your student (‘Participant’) with another 6th grader from Jefferson Middle School and will facilitate regular online correspondence as described on SEF’s website and herein referred to as the ‘Program’. You may not make any changes to these terms. By participating in the Program you agree to be bound by all Terms and Conditions of the Program.

B. SEF’s Obligation to You

  1. SEF will randomly pair rising 6th graders with each other to write email correspondence every other week starting September 14th, 2020 the last letter received by November 20th, 2020.
  2. SEF will assign each pair of participants a writing prompt every other week to facilitate conversation.
    • NOTE: These prompts are meant primarily to help aid the writing process. Participants should feel free to write about whatever they wish along with the writing prompt, as long as the topic follows the terms set forth in this agreement.

C. Parent/Participant Obligations

  1. Parents will accept liability for some events which may occur. See Indemnification.
  2. Parents will read and comply with all aspects of the TOU. If there are any aspects which you do not fully understand you will seek clarification by calling the SEF office at 626-451-5465 or by emailing SEFpenpalprogram@gmail.com.
  3. Participants must be entering the 6th grade in the 2020/2021 school year and be enrolled at Jefferson Middle School.
  4. Students must have parent/guardian permission to participate in the Program.
  5. Parents should review the emails their student is writing and receiving to ensure no inappropriate or private information is being transmitted.
  6. Participants should not in any way share any private information received from the participant’s pen pal.

D. Security and Privacy

Any information collected by SEF during this Program will be used solely for the facilitation of the Program and will not be shared in any way with 3rd parties. Furthermore, SEF volunteers facilitating the Program will screen all content written by participants before allowing the content to be sent to its intended recipient.

You agree that SEF and its authorized employees and volunteers can access your student’s written content during the Program to fulfill the obligations under this Agreement.

SEF reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights of SEF or enforce the TOU.

E. Participant Registration

To register for the Pen Pal Program, you and your child agree to:

  • Provide current, complete and accurate information about yourself (the registration data).
  • To represent only yourself during the Program, and no other persons, living, dead, or imagined.
    • Under no circumstances does SEF have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any participant.

You agree that SEF, in its sole discretion, may terminate your student’s participation in the Program, if SEF believes that the participant violated or acted inconsistently with the letter or spirit of the TOU.

F. Member Conduct

As a condition of participation in the Program, parents and students guarantee to SEF that they will not do anything that is unlawful and/or prohibited by these terms, conditions, and notices.

Parents and students agree to abide by all applicable local, state, and national laws and regulations and are solely responsible for all acts that are made by the student during the Program. By way of example, and not as a limitation, you agree NOT to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
  • Publish, distribute and/or disseminate any harmful, obscene, indecent, unlawful, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  • Transmit, any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

G. LIMITATION OF LIABILITY

YOU AGREE THAT SEF SHALL NOT BE RESPONSIBLE OR LIABLE FOR:

  • PROVIDED THAT SEF HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED DURING THE PROGRAM.
  • ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT SEF SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER SEF HAS REVIEWED PARTICIPANT’S CONTENT AND DISCOVERED THE OFFENDING CONTENT.
  • CONDUCT OF ANY OTHER PARTICIPANT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS.
  • ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER

IF YOU ARE DISSATISFIED WITH THE PROGRAM YOUR SOLE REMEDY IS TO DISCONTINUE PARTICIPATION.

H. Indemnification

You agree to indemnify, defend and hold harmless SEF, volunteers, affiliates, officers, employees, and the San Gabriel Unified School District from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct during the Program.

I. TOU Violations

Please report any violations of the TOU by calling the SEF office at 626-451-5465 or by emailing SEFpenpalprogram@gmail.com. WE WILL KEEP YOUR INFORMATION PRIVATE AND SECURE AS WE INVESTIGATE THE INCIDENT AND DETERMINE NEXT STEPS.

J. Entire Agreement

These TOU constitute the entire agreement between SEF and the student and their parent/guardian and supersede any previous agreement or understanding between SEF and the student and their parent/guardian.